Are consumer perception surveys appropriate for your trademark disputes? When you face tough survey evidence in your IP litigation, the qualified experts at Keegan & Donato Consulting can help.

Located in historic Rye, New York, we are a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients nationwide in the context of intellectual property disputes.

Surveys conducted by Keegan & Donato Consulting have been admitted as evidence in state and federal courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB), the NAD, and other specialty venues, in matters involving wide-ranging products and services. We have also testified extensively at deposition and trial.

About Consumer Perception

Consumer perception refers to how consumers interpret and make sense of marketing messages, including advertising, product claims, and brand image, and is a common issue in false advertising and other types of consumer fraud cases. It can be influenced by various factors, including personal experience, cultural background, and social influence.

Manufacturers often promote their products by highlighting the product’s attributes on packaging and in other marketing communications. The highlighting of attributes from ingredients to efficacy, technical specifications, performance, and other features is their way of communicating between buyer and seller and can have a strong influence on a consumer’s purchase decision.

Strict regulations for product labeling in the U.S. are in place due to their strong potential to influence consumer decisions and the serious health and safety implications that may arise. These regulations are developed by various regulatory bodies such as the FDA and FTC, as well as professional organizations for marketers who provide self-regulation guidelines. Companies that are accused of engaging in marketing activities that violate these regulations often face litigation.

To test consumer perception of marketing claims, consumer research can be conducted. Keegan & Donato Consulting has extensive experience in designing and executing studies to determine how consumers in a specific market perceive a marketing claim and whether their perceptions align with the actual product being marketed.

For instance, Keegan & Donato Consulting has conducted numerous studies in recent cases involving product claims such as “all natural” and/or “100% natural.” These studies have analyzed how consumers perceive natural claims and to what degree, if any, these claims have impacted their purchasing decisions. Our research has provided our clients with reliable empirical data on consumer perceptions of the key claims that drive their cases.

Consumer perception can be subjective and can vary among different groups of consumers. For example, a marketing message that resonates with one group of consumers may not be as effective with another group. Therefore, it’s important for businesses and marketers to conduct research to understand the perceptions of their target audience, enabling them to adjust their marketing strategies and messaging to better resonate with their target audience.

As you assess your needs for consumer perception surveys for trademark disputes, consider the experts at Keegan & Donato Consulting. Get in touch with us at (914) 967-9421 to explore our services.